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Emergency application

Police dog use of force

Mike Miller v. Dillon Rock

Denied
No. 24A1078Stay applicationFiled by a private partyPresented to Justice KaganFrom United States Court of Appeals for the Ninth Circuit

What did the Court do?

The Court denied the request on May 8, 2025: the lower court's ruling stays in effect while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 3 days after filing

What's being asked

Officer Mike Miller, a police officer, asks the Supreme Court to pause trial proceedings while it considers his petition asking it to review the Ninth Circuit decision. Rock alleges Miller used excessive force by allowing a police dog to bite him too long. Miller says the Ninth Circuit upheld a ruling that he could be sued over how long the dog bit Rock.

What the Court did

Justice Kagan denied Miller’s request for a temporary pause, so Miller did not get emergency relief. The Court did not publish how the justices voted.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 302 rulings on applications decided without a response came 8 to 28 days after filing, and the median was 14 days; this one was ruled on 3 days after filing.

What it means

This emergency ruling only addresses a temporary pause; it does not decide who wins Rock’s excessive-force case. Trial proceedings in the U.S. District Court for Arizona are not paused. A related Supreme Court review case is listed as No. 24-919.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A1078. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 3, 2026